Is Mescaline legal in Pakistan?

Legal status

Mescaline is a psychotropic substance under the Control of Narcotic Substances Act, 1997. Section 2(za) defines the term as 'the substances, specified in the Schedule-I to this Act' plus anything the Federal Government declares by gazette notification, and Schedule-I carries it: an unnumbered row of Schedule-I under serial 41, 'Mescaline'. Column 3 gives the chemical name as '3,4,5-trimethoxyphenethylamine'.

Consequences if caught

The entry being applied is an unnumbered row of Schedule-I under serial 41, 'Mescaline'. Section 9(2) sets nine quantity bands for a psychotropic substance, from 'Up to 20 grams' at one year with a floor of two months, through 'More than 500-grams and up to one kilo grams' at seven years, to 'Exceeding four kilo grams', which reads 'imprisonment which shall not be less than life imprisonment along-with fine which shall not be less than two million rupees'. Capital and life exposure. This substance is punished through the section 9(2) bands and not through the section 9(1) narcotic table, which names only seven narcotics and does not name it. Death is not available. Act No. XXXVIII of 2023, section 2, assented on 2 August 2023 and published in the Gazette of Pakistan, Extraordinary, on 5 August 2023, removed every death reference from section 9. The words at the heroin and morphine band of 6000 grams or more and at the cocaine band of 5000 grams or more were omitted, and the Pakistan Code now prints a bracketed omission mark where they stood. In the fourth proviso to section 9(2) the words 'may be death or' were replaced by 'shall be'. The word death survives twice in the whole fifty page Act and both are procedural. Because death is unavailable, the question whether it is mandatory does not arise. The ceiling is life, and section 9A(3) says what that means: 'Notwithstanding anything contained in any other law for time being in force, imprisonment for life under this Act means imprisonment in jail for the period of twenty-five years.' Section 9A(2) bars probation and parole, and section 9A(1) bars remission except for a juvenile or a female convict.

If prescribed or medical

Where a prescription for mescaline exists at all, rule 2(1)(xxix) says what it has to be: 'a written direction by a practitioner that a stated amount of a drug of abuse be dispensed for the person named therein'. Section 6 prohibits possession and the rest 'except for medical, scientific or industrial purposes in the manner and subject to such conditions as may be specified by or under this Act or any other law for the time being in force'. The conditions are the Control of Narcotic Substances (Regulation of Drugs of Abuse, Controlled Chemicals, Equipment and Materials) Rules, 2001, which run a registration, licence and permit system under rules 5 to 18. Rule 14 provides for permits in relation to first-aid kits and rule 15 for programmes for medical and scientific purposes, and rule 11 governs import, export and transit permits. A traveller carrying a prescribed medicine should hold the prescription and the dispensing label, in the prescriber's name, and should expect the quantity to be measured against the section 9 bands if the substance is scheduled.

Documentation

Schedule-I identifies mescaline in column 3 as '3,4,5-trimethoxyphenethylamine', and column 3 is what a Government Analyst's certificate under rule 6 of the Control of Narcotic Substances (Government Analysts) Rules, 2001 is matched against. Three provisos qualify section 9(2). An offence 'inside or near a school, college, university, educational setting or any other educational institution' draws the maximum for the band. A second conviction draws the maximum where the quantity does not exceed two kilograms, and not less than life where it exceeds two kilograms. Schedule-I has not been amended for substance content since the Act was passed in 1997: the only change recorded against it is that section 26 of Act No. XX of 2022 substituted its heading, which in the 1997 Act read only as the Schedule, and added a new Schedule-II. Section 74A, inserted by the same Act, lets the Federal Government amend the Schedules by notification in the official Gazette, and no such notification is present in what I could reach. The Prohibition (Enforcement of Hadd) Order, 1979 does not reach it either: the Schedule to that Order lists only hemp, charas, mixtures of the two, opium and opium derivatives, coca leaf and coca derivatives, and hashish.

Drug laws and enforcement change and vary within a country. This is not legal advice. Always confirm with Pakistan’s embassy or official drug authority before traveling; penalties can be severe, including imprisonment.